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HomeMy WebLinkAbout14-4046 Supreme Court:of Pennsylvania Cou, Com y Pleas ti il�C�ave>�� et For Prothonotary Use Only. C d� ,f1 r r' COunt3' Docket No: FI D Tp F1 -� I% The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as requited by law or rules of court. Commencement of Action: S ❑ Complaint N Writ of Summons [:1 Petition El Notice of Appeal ❑ Transfer from Another Jurisdiction L1 Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T Melissa Cucuzza Nancy L. Stauffer I ❑ Check here if you are a Self-.Represented (Pro Se) Litigant O Name of Plaintiff/Appellant's Attorney:W Scott Henning N Are money damages requested?: ❑X Yes ❑ No Dollar Amount Requested: ❑ within arbitration limits A (Check one) outside arbitration limits Is this a Class Action Suit? ❑ Yes ❑x No Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑X Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability (does not include ❑ Statutory Appeal:Other E mass tort) Employment Dispute: - ❑ Slander/L,ibel/Defamation Discrimination ❑ C E] Other: Employment Dispute:Other .I. Judicial Appeals ❑ MDJ-Landlord/Tenant I ❑ Other: ❑ MDJ-Money Judgment O MASS TORT ❑ Other: ❑ Asbestos NTobacco HToxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other, El Ejectment El Common Law/Statutory Arbitration B - ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R.C.P.205.5 212010 W. Scott Henning Attorney ID#32298 =+t "}IL-wtU3 ` D Vii. ' " r'• HANDLER, HENNING&ROSENBERG, LLP �ho�jx 1300 Linglestown Road2r4 Harrisburg, PA 17110 ' t 1 cvr Telephone: (717)238-2000 Attorney for Plai�% ,kAND COUNTY Fax: (717)233-3029 Yt V,q 141, E-mail: Henning@hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA l No. 2014 %� 0 uut Civil Action- Law Melissa D. Cucuzza Nancy L.Stauffer 15 S. George Street 650 Newport Road Mechanicsburg, PA 17055 Duncannon, PA 17020 vs Anthony Cucuzza Rogele, Inc. 15 S.George Street 1025 South 21st St. Mechanicsburg, PA 17055 Harrisburg, PA 17105 Plaintiff(s)&Address(es) Defendant(s)&Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue Writ of Summons in the above-captioned action. Writ of Summons shall be issued and forwarded to ( )Attorney(XX)Sheriff. W.Scott Henning Supreme Court ID No 3 98 Date: 7/7/2014 V � oj�tl a� i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.2014 Civil Action- Law Melissa D. Cucuzza Nancy L.Stauffer 15 S.George Street 650 Newport Road Mechanicsburg, PA 17055 Duncannon, PA 17020 Vs Anthony Cucuzza Rogele, Inc. 15 S.George Street 1025 South 21st St. Mechanicsburg, PA 17055 Harrisburg, PA 17105 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date: 10 1Y Prothonotary ByI j Deputy Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OF j iI ,. jOT h-1Q1i 2Q14JUL 31 rkiA1 36 g0RL YTY CUP ENNs©AVIA �opr�tn of t"mrtbry�#4.0 OFFICE OF THE SHERIFF Melissa D Cucuzza (et al.) vs. Case Number Nancy L Stauffer (et al.) 2014-4046 SHERIFF'S RETURN OF SERVICE 07/11/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Rogele, Inc., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Writ of Summons according to law. 07/11/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Nancy L Stauffer, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within Writ of Summons according to law. 07/16/2014 11:15 AM - The requested Writ of Summons served by the Sheriff of Dauphin County upon Candy Newcomer, Office Manager, who accepted for Rogele, Inc., at 1025 South 21st Street, Harrisburg, PA 17105. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 07/17/2014 The requested Writ of Summons returned by the Sheriff of Perry County, the within named Defendant Nancy L Stauffer, not found. Carl E. Nace, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $62.00 SO ANSWERS, July 21, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. RON * R ANDERSON, SHERIFF Shelley Ruhl Real Estate Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy MELISSA D. CUCUZZA AND ANTHONY CUCUZZA ROGELE, INC. Sheriffs Return No. 2014-T-2007 OTHER COUNTY NO. 2014-4046 VS And now: JULY 16, 2014 at 11:15:00 AM served the within WRIT OF SUMMONS upon ROGELE, INC. by personally handing to CANDY NEWCOMER * 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 1025 SOUTH 21ST STREET HARRISBURG PA 17105 * OFFICE MANAGER Sworn and subscribed to before me this 17TH day of July, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, Sheriff of D. phin Coun P By Dep heriff Deputy: JEFF TEETER Sheriffs Costs: $41.25 7/15/2014 SHERIFF'S RETURN In the Court of Common Pleas Of the 41st Judicial District of Pennsylvania - Perry County Branch No.: 2014-4046 Cumberland Co. Melissa D. & Anthony Cucuzza VS Nancy L. Stauffer 650 Newport Road Duncannon, PA 17020 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to Nancy L. Stauffer, but was unable to locate him/her in his bailiwick. He therefore returns the within Writ of Summons for the above named Defendant(s) Nancy L. Stauffer at 650 Newport Road, Duncannon; PA 17020. NOT FOUND. DEFENDANT MOVED APRIL 2014 TO YORK COUNTY -124 RAILROAD STREET, ETTERS, PA. Sworn and subscribed o before me this /6,01day of i�.. , 2014. COMMONWEAL .1-!.-ICF PENNSYLVANIA �yr NO;'AF;;AL SEAL JOY S. ZERANCE, NOTARY PUBLIC NEW BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EY IRES MARCH 10, 2018 Sincerely, Nace Sheriff of Perry County W. Scott Henning Attorney ID# 32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Henning@hhrlaw.com Attorney for Plaintiff(s) j Z 4 4;1G -, P� r�P�ER l: NNS , D G I/;, r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA D. CUCUZZA and ANTHONY CUCUZZA, Plaintiff(s) ' v. NANCY L. STAUFFER and ROGELE, INC., Defendant(s) No. 2014-4046 Civil Civil Action - Law PRAECIPE TO THE PROTHONOTARY: Please re -issue the Writ of Summons in the above referenced matter. Please forward the Writ of Summons to the Sheriff of Cumberland County for service upon the Defendant. Date: g ` ‘ -c D/q By: Respectfully submitted, HANDLER, HENNING & O ENBERG, LLP 440. W. Scott He Supreme C 1300 Lingle n Harrisburg, PA 171 717-238-2000 henning@hhrlaw.com ing, urt I squir 322•. Ro.• - Suite 2 ativA s II.1 ad ��- 36q Slo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MELISSA D. CUCUZZA and TONY CUCUZZA, Plaintiff(s) v. NANCY L. STAUFFER and ROGELE, INC., Defendant(s) No. 2014-4046 Civil Civil Action - Law NOTICE C=, YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dfas despues de Ia notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted fafla de tomar acciOn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por Ia Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 W. Scott Henning Attorney ID# 32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Henning@hhrlaw.com Attorney for Plaintiff(s) Melissa D. Cucuzza 15 S. George Street Mechanicsburg, PA 17055 Tony Cucuzza 15 S. George Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • ▪ Nancy L. Stauffer • ▪ 650 Newport Road Duncannon, PA 17020 VS Rogele, Inc. 1025 South 21st St. Harrisburg, PA 17105 No. 2014 - 4046 Civil Action - Law Plaintiff(s) & Address(es) Defendant(s) & Address(es) COMPLAINT AND NOW comes the Plaintiffs, Melissa D. Cucuzza and Tony Cucuzza, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esq., and files the within complaint against the Defendants, Nancy L. Stauffer and Rogele, Inc., and in support thereof, avers as follows: 1. Plaintiffs, Melissa D. Cucuzza and Tony Cucuzza are competent adult individuals and citizens of the Commonwealth of Pennsylvania, currently residing at 15 South George Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Nancy L. Stauffer, is, upon information and belief, a competent adult individual and citizen of the Commonwealth of Pennsylvania, with a last known address of 650 Newport Road, Duncannon, Perry County, Pennsylvania. At all times material hereto, Plaintiff, Melissa D. Cucuzza, was a pedestrian. 4. At all times material hereto, Defendant, Nancy L. Stauffer, was the operator of a 1992 Chevrolet vehicle owned by Defendant Rogele, Inc. ("Defendant's vehicle"). 5. At all times material hereto, Defendant Stauffer was an agent, servant, or employee of Defendant Rogele, Inc. and was acting within the scope of said relationship. 6. On or about October 25, 2012, at approximately 8:16 p.m., Mrs. Cucuzza was crossing West Simpson Street at its intersection with South Frederick Street in Mechanicsburg, Cumberland County, Pennsylvania. Plaintiff, Melissa D. Cucuzza was walking across the street from north to south. 7. At approximately the same time and place, Defendant was traveling northbound on South Frederick Street, preparing to make a left turn onto West Simpson Street. 8. Suddenly and without warning, Defendant made the left turn onto West Simpson Street and violently struck Plaintiff. 9. As a direct and proximate result of Defendant's negligence, Plaintiff has sustained injuries and damages as set forth specifically below. COUNT I - NEGLIGENCE Melissa D. Cucuzza v. Nancy 1. Stauffer 10. All prior paragraphs are incorporated herein as if set forth fully below. 11. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Melissa D. Cucuzza, are the direct and proximate result of the negligence of Defendant Nancy L. Stauffer, generally and more specifically as set forth below: (a) in driving Defendant Rogele's vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S.A. § 3714; (b) in failing to exercise reasonable care in the operation and control of Defendant Rogele's vehicle, in violation of 75 Pa.C.S.A. § 3714; (c) in failing to keep a reasonable lookout for pedestrians; (d) in failing to properly and adequately observe the conditions then and there existing; (e) in operating a motor vehicle inattentively; (f) in failing to yield the legal right of way to pedestrian traffic crossing West Simpson Street; (g) in failing to operate said vehicle at a speed allowing her to stop within the assured clear distance ahead; (h) in failing to operate said vehicle in a manner that would have allowed her to stop before striking Plaintiff; and (i) in failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have Defendant's vehicle under such control that injury to persons or property could be avoided. 12. As a direct and proximate result of the negligence of Defendant, Melissa D. Cucuzza, has suffered injuries including, but not limited to, a fracture of her skull, a left femur fracture requiring surgery, and extensive physical therapy, a concussion, laceration, pain, and ongoing symptoms of post -concussion syndrome, including but not limited to, memory loss, cognitive deficits, dizziness and headaches. 13. As a direct and proximate result of the negligence of Defendant, Plaintiff Melissa D. Cucuzza, has required continuing medical treatment, and will need to continue medical treatment indefinitely. 14. As a direct and proximate result of the negligence of Defendant, Plaintiff, Melissa D. Cucuzza has suffered physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. 15. As a direct and proximate result of the negligence of Defendant, Plaintiff, Melissa Cucuzza has been compelled, in an effort to cure her injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to her detriment and loss. 16. As a direct and proximate result of the negligence of Defendant, Plaintiff, Melissa D. Cucuzza has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her detriment and loss. 17. As a direct and proximate result of the negligence of Defendant, Plaintiff, Melissa D. Cucuzza has been, and will be, hindered from attending to her daily duties and chores, to her detriment, loss, humiliation, and embarrassment. WHEREFORE, Plaintiff, Melissa D. Cucuzza, seeks damages from Defendant Nancy L. Stauffer in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT 11— RESPONDEAT SUPERIOR Melissa D. Cucuzza v. Rogele, Inc. 18. All prior paragraphs are incorporated herein as if set forth fully below. 19. At all times material hereto, Defendant Stauffer was an agent, servant, or employee of Defendant Rogele, Inc. and was acting within the scope of said relationship. 21. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Melissa D. Cucuzza are the result of the negligence or carelessness of Defendant Stauffer. 22. The aforementioned negligent or careless conduct of Defendant Stauffer occurred while acting in and upon the business of Defendant Rogele, Inc., and within the course and scope of her employment with Defendant Rogele, Inc. 23. Defendant Rogele, Inc. is vicariously liable for the acts of its agent, servant, or employee, Defendant Stauffer. 24. Defendant Rogele, Inc. is vicariously liable for the negligent and careless behavior of its employee, Defendant Stauffer. 25. As a direct and proximate result of Defendant Stauffer's negligence, Melissa D. Cucuzza has: a. suffered injuries including, but not limited to, a fracture of her skull, a left femur fracture requiring surgery, and extensive physical therapy, a concussion, laceration, pain, and ongoing symptoms of post -concussion syndrome, including but not limited to, memory loss, cognitive deficits, dizziness and headaches; b. undergone continuing medical care for her injuries; c. required continuing medical treatment, and will need to continue medical treatment indefinitely; d. suffered a loss of income and/or earning capacity; e. suffered physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss; f. been compelled, in an effort to cure her injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to his detriment and loss; g. suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her detriment and loss; and h, been, and will be, hindered from attending to her daily duties and chores, to her detriment, loss, humiliation, and embarrassment. WHEREFORE, Plaintiff, Melissa D. Cucuzza, seeks damages from Defendant, Rogele, Inc., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT III — LOSS OF CONSORTIUM Tony Cucuzza v. Nancy L Stauffer 26. All prior paragraphs are incorporated herein as if set forth fully below. 27. At all times material hereto, Melissa D. Cucuzza and Tony Cucuzza were lawfully married as husband and wife. 28. As a direct and proximate result of Defendant Stauffer's negligence, Plaintiff, Tony Cucuzza has suffered a loss of consortium, society, and comfort from his wife, Melissa D. Cucuzza, and he will continue to suffer a similar loss in the future. 29. As a direct and proximate result of Defendant Stauffer's negligence, Plaintiff, Tony Cucuzza has been compelled, in order to effect a cure for his wife's injuries, to spend money for medicine and medical attention and he will be required to spend money for the same purposes in the future, to his detriment and loss. WHEREFORE, Plaintiff, Tony Cucuzza, seeks damages from Defendant, Nancy L. Stauffer, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT IV — LOSS OF CONSORTIUM Tony Cucuzza v. Rogele, Inc. 30. All prior paragraphs are incorporated herein as if set forth fully below. 31. At all times material hereto, Tony Cucuzza and Melissa D. Cucuzza were lawfully married as husband and wife. 32. As a direct and proximate result of Defendant Rogele, Inc.'s negligence, Plaintiff, Tony Cucuzza has suffered a loss of consortium, society, and comfort from his wife, Mrs. Cucuzza and he will continue to suffer a similar loss in the future. 33. As a direct and proximate result of Defendant Rogele Inc.'s negligence, Plaintiff, Tony Cucuzza has been compelled, in order to effect a cure for his wife's injuries, to spend money for medicine and medical attention and he will be required to spend money for the same purposes in the future, to his detriment and loss. WHEREFORE, Plaintiff, Tony Cucuzza, seeks damages from Defendant, Rogele, Inc., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. W. Scott Henning, Supreme Court ID No. 3229 Handler, Henning & Rosenberg, LLP 1300 Linglestown Road — Suite 2 Harrisburg, PA 17110 Tel: 717-238-2000 henning@hhrlaw.com VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this la suit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the doculoPnt are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 30 Q -43P -f VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 6 at1C Q. Melissa D. Cucuzza W. Scott Henning Attorney ID# 32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Henning@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MELISSA D. CUCUZZA and TONY CUCUZZA, Plaintiff(s) No. 2014-4046 Civil v. Civil Action - Law NANCY L. STAUFFER and ROGELE, INC., Defendant(s) CERTIFICATE OF SERVICE On, October 7, 2014, I hereby certify that a true and correct copy of Complaint was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Rogele, Inc. 1025 South 21st St. Harrisburg, PA 17105 Nancy L. Stauffer 124 Railroad Street Etters, PA 17319 HANDLER, HENN Sit SENEI LLP OM II I mow - W. Scott Henning THOMAS, THOMAS & HAFER LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 F"!LE0-0FF10E OF THE PROTHONOTARY 2014 OCT 20 P!12:32 CUMBERLAND COUNTY PFNNSYLVANIA Jason C. Giurintano, Esquire Attorney I.D.89177 717-237-7157 Attorneys for Defendants MELISSA D. CUCUZZA and TONY CUCUZZA, : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2014-4046 NANCY L. STAUFFER and ROGELE, INC. : CIVIL ACTION — LAW Defendants : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jason C. Giurintano, Esquire of Thomas, Thomas & Hafer, LLP, as attorney for Defendants Nancy L. Stauffer and Rogele, Inc. in the above -captioned case. Respectfully submitted, Date: October 17, 2014 By: Thomas, Thom & Hafer, LLP Jason C. G. tano, Esquire Attorne '� #89177 Attorney for Defendants CERTIFICATE OF SERVICE I, Krista Fanus, legal secretary with the law firm Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record as follows: W. Scott Henning, Esquire Handler Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiffs' Date: October 17, 2014 THOMAS, THOMAS & HAFER, LLP a Fanus, Legal Secretary to Jason C. Giurintano, Esquire A THOMAS, THOMAS & HAFER LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 }=':'r 21 i � f :"iRt•^s_ Jason C. Giurintano, Esquire Attorney I.D. 89177 717-237-7157 Attorneys for Defendants MELISSA D. CUCUZZA and TONY CUCUZZA, Plaintiffs V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014-4046 : CIVIL ACTION — LAW NANCY L. STAUFFER and ROGELE, INC., : JURY TRIAL DEMANDED Defendants NOTICE TO PLEAD TO: Melissa D. Cucuzza and Tony Cucuzza c/o W. Scott Henning Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days or a default may be entered against yo Date: November 18, 2014 THOMAS FER, LLP Jason C. f'rintano, Esquire I.D. 891 305 ?h Front Street P.O /:ox 999 Harrisburg, PA 17108-0999 (717) 237-7157 jgiurintano@tthlaw.com THOMAS, THOMAS & HAFER LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 Jason C. Giurintano, Esquire Attorney I.D. 89177 717-237-7157 Attorneys for Defendants MELISSA D. CUCUZZA and TONY CUCUZZA, Plaintiffs V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014-4046 : CIVIL ACTION — LAW NANCY L. STAUFFER and ROGELE, INC., : JURY TRIAL DEMANDED Defendants ANSWER WITH NEW MATTER AND NOW, comes Defendants, by and through their counsel, Thomas, Thomas & Hafer, LLP, and files the following Answer with New Matter, stating as follows: 1. After reasonable investigation, Answering Defendants are without sufficient information to form a belief as to the truth of the matters averred in this paragraph, therefore, the averments are DENIED and strict proof is demanded at time of trial. 17319. 2. DENIED. Nancy Stauffer's address is 124 Railroad Street, Etters, PA 3. Based upon information and belief, ADMITTED. 4. ADMITTED. 5. ADMITTED only that Defendant Nancy Stauffer was employed by Defendant Rogele, Inc., on October 25, 2012. It is specifically DENIED that she was in the course and scope of her employment at the time of the accident. 6. DENIED that Plaintiff was crossing the street at the intersection. 7 ADMITTED. 8. DENIED generally pursuant to Pa.R.Civ.P. 1029(e). 9. DENIED generally pursuant to Pa.R.Civ.P. 1029(e). COUNT I — NEGLIGENCE MELISSA CUCUZZA V. NANCY STAUFFER 10. This paragraph is a paragraph of incorporation to which no response is required. 11(a)-(i). DENIED generally pursuant to Pa.R.Civ.P. 1029(e). 12. DENIED generally pursuant to Pa.R.Civ.P. 1029(e). 13. DENIED generally pursuant to Pa.R.Civ.P. 1029(e). 14. DENIED generally pursuant to Pa.R.Civ.P. 1029(e). 15. DENIED generally pursuant to Pa.R.Civ.P. 1029(e). 16. DENIED generally pursuant to Pa.R.Civ.P. 1029(e). 17. DENIED generally pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, Defendants respectfully request that judgment be entered in their favor, and against all other parties, with costs. COUNT II — RESPONDEAT SUPERIOR MELISSA CUCUZZA V. ROGELE, INC. 18. This paragraph is a paragraph of incorporation to which no response is required. 19. ADMITTED only that Defendant Nancy Stauffer was employed by Defendant Rogele, Inc., on October 25, 2012. It is specifically DENIED that she was in the course and scope of her employment at the time of the accident. 20. [This paragraph was omitted in the Complaint]. 21. DENIED generally pursuant to Pa.R.Civ.P. 1029(e). 22. DENIED generally pursuant to Pa.R.Civ.P. 1029(e). By way of further response, ADMITTED only that Defendant Nancy Stauffer was employed by Defendant Rogele, Inc., on October 25, 2012. It is specifically DENIED that she was in the course and scope of her employment at the time of the accident. 23. This paragraph is a conclusion of law to which no response is required. 24. This paragraph is a conclusion of law to which no response is required. 25(a) -(h). DENIED generally pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, Defendants respectfully requests that judgment be entered in their favor, and against all other parties, with costs. COUNT III — LOSS OF CONSORTION TONY CUCUZZA V. NANCY STAUFFER 26. This paragraph is a paragraph of incorporation to which no response is required. 27. After reasonable investigation, Answering Defendants are without sufficient information to form a belief as to the truth of the matters averred in this paragraph, therefore, the averments are DENIED and strict proof is demanded at time of trial. 28. DENIED generally pursuant to Pa.R.Civ.P. 1029(e). 29. DENIED generally pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, Defendants respectfully requests that judgment be entered in their favor, and against all other parties, with costs. COUNT IV — LOSS OF CONSTORTION TONY CUCUZZA V. ROGELE, INC. 30. This paragraph is a paragraph of incorporation to which no response is required. 31. After reasonable investigation, Answering Defendants are without sufficient information to form a belief as to the truth of the matters averred in this paragraph, therefore, the averments are DENIED and strict proof is demanded at time of trial. 32. DENIED generally pursuant to Pa.R.Civ.P. 1029(e). 33. DENIED generally pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, Defendants respectfully requests that judgment be entered in their favor, and against all other parties, with costs. NEW MATTER 34. Defendants hereby incorporate the previous paragraphs of this pleading as though set forth in full. { 35. The fails to state a legally sufficient claim against Defendants. 36. Any damages claimed by Plaintiff were not caused by any acts, omissions, or breaches of duty of Defendants, but were caused in whole or in part, or were contributed to by the negligence, fault, or want of care of persons and/or entities other than Defendants. 37. Plaintiff's claims are barred by contributory and/or comparative negligence. 38. Plaintiff's alleged injuries or damages, which are denied in any event, may have been pre-existing or caused by a subsequent accident, none of which were the fault of Defendants. 39. Any and all damages, injuries and losses allegedly sustained by Plaintiff may have been as a result of the negligent and careless conduct of Plaintiff, in that the Plaintiff: (a) failed to keep a proper lookout; and/or (b) failed to avoid conditions which were open and obvious to persons exercising reasonable care for his own safety. 40. As discovery may show, Plaintiff's claims may be barred or reduced by the affirmative defenses of arbitration and award, accord and satisfaction, release, waiver, estoppel, res judicata, collateral estoppel, issue preclusion, claim preclusion and/or statute of limitations, and Defendants hereby plead these affirmative defenses provisionally. 41. Defendants were not negligent in any manner whatsoever. 42. At the times relevant hereto, no dangerous, defective and/or unsafe condition existed on the parking lot premises. WHEREFORE, Defendant demand that judgment be entered in their favor and against all other parties, with costs. Respectfully submitted, THOMAS, THO AS & HAFER, LLP Date: November 18, 2014 By: Jason' iurintano, Esquire Atto ey .D. # 89177 P.O. Box • 99 305 N. Front Street Harrisburg, PA 17108-0999 (717) 237-7157 VERIFICATION I, Nancy L. Stauffer, hereby verify that the averments made in the foregoing Answer with New Matter Pursuant to Pa.R.C.P. 1031.1 are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dat Nan y L. St er VERIFICATION 1, Corporate Designee for Rogele, Inc., hereby verify that the averments made in the foregoing Answer with New Matter Pursuant to Pa.R.C.P. 1031.1 are true and correct to. the best of my knowledge, information and belief_ 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 11 ?poly Date Corporate Designee for Rogele, Inc. CERTIFICATE OF SERVICE I, Krista Fanus, legal secretary with the law firm Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record as follows: W. Scott Henning, Esquire Handler Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiffs THOMAS, THOMAS & HAFER, LLP 1A4A Date: November 18, 2014 Kris anus, Legal Secretary to Jason C. Giurintano, Esquire W. Scott Henning Attorney ID# 32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Henning@hhrlaw.com OF TAF PI;QTHW:Q ' r 2014 DEC - CUt• EilAND COUNTY PENNSYLVANIA Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MELISSA D. CUCUZZA and TONY CUCUZZA, Plaintiff(s) v. NANCY L. STAUFFER and ROGELE, INC., Defendant(s) No. 2014-4046 Civil Civil Action - Law PLAINTIFFS' REPLY TO NEW MATTER AND NOW, comes the Plaintiffs, Melissa D. Cucuzza and Tony Cucuzza, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esq., and responds to the Defendants' allegations of New Matter as follows: 34. Paragraph 34 is an incorporation paragraph to which no responsive pleading is required. 35. Denied. The allegation set forth in paragraph 35 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiffs' Complaint fails to state a cause of action for which relief can be granted, and proof to the contrary is demanded at the trial in this matter. 36. Denied. It is denied that the injuries and damages sustained by the Plaintiff were not caused by any acts, omissions, or breaches of duty of the Defendants, and proof to the contrary is demanded at the trial in this matter. 37. Denied. The allegation set forth in paragraph 37 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiff was in any way comparatively or contributorily negligent, and proof to the contrary is demanded at the trial in this matter. 38. Denied. Itis denied that the Plaintiff's injuries and damages were pre-existing or caused by a subsequent accident, and proof to the contrary is demanded at the trial in this matter. 39. Denied. It is denied that the injuries and damages sustained by the Plaintiff were the result of her own negligence or carelessness either in failing to keep a proper look out or failing to avoid conditions which were open and obvious, and proof to the contrary is demanded at the trial in this matter. 40. Denied. The allegation set forth in paragraph 40 is simply a catch-all allegation of various affirmative defenses, none of which are applicable to the subject cause of action, and to the extent that the Defendants claim they are applicable to the subject cause of action, the Plaintiffs demand proof of the same. 41. Denied. The allegation set forth in paragraph 41 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Defendants were not negligent in causing the subject incident and resulting injuries and damages to the Plaintiffs. 42. Denied. The allegation set forth in paragraph 42 is apparently an allegation that was set forth in the subject Answer with New Matter, as the result of a word processing error. The incident in question did not involve a parking lot, and hence, the assertion that there were no dangerous, defective and/or unsafe conditions on the parking lot premises is irrelevant to the subject cause of action. WHEREFORE, Plaintiffs, Melissa D. Cucuzza and Tony Cucuzza request the Honorable Court to enter judgment in their favor and against Defendants, Nancy L. Stauffer and Rogele, Inc., for the relief set forth in their Complaint. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Bv: DATED: to"? — /—oe y W. Scott , Esq re Supreme Cou D. # • 2298 1300 Linglestown • .ad Harrisburg, PA 17110 Henning@hhrlaw.com (717) 238-2000 Attorney for Plaintiff VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) W. Scott Henning, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. W. Scott Henning Esq Date: December 1, 2014 W. Scott Henning Attorney ID# 32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Henning@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MELISSA D. CUCUZZA and TONY CUCUZZA, Plaintiff(s) No. 2014-4046 Civil v. Civil Action - Law NANCY L. STAUFFER and ROGELE, INC., Defendant(s) CERTIFICATE OF SERVICE On December 1,2014, I hereby certify that a true and correct copy of Plaintiffs' Reply to New Matter was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Rogele, Inc. 1025 South 21st St. Harrisburg, PA 17105 Nancy L. Stauffer 124 Railroad Street Etters, PA 17319 HANDLER, HENNING & ROSENBERG, LLP W. Scott Henning